Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 15 - Division of Learning Services
Rule 005.15.12-005 - ADE 325: Revisions to the Rules Governing Alleged Testing Improprieties
Universal Citation: AR Admin Rules 005.15.12-005
Current through Register Vol. 49, No. 2, February 2024
1.00 REGULATORY AUTHORITY
1.01 These rules
shall be known as the Arkansas Department of Education Rules Governing Alleged
Testing Improprieties.
1.02 These
rules are enacted pursuant to the Arkansas State Board of Education's authority
under Ark. Code Ann. §§
6-11-105,
6-15-401 et seq.,
6-17-410
and
25-15-201 et
seq.
2.00 PURPOSE
The purpose of these rules is to identify a procedure for investigating and addressing complaints regarding alleged testing improprieties.
3.00 DEFINITION
3.01 "Conduct that violates
the security or confidential integrity of a test or assessment" or "testing
impropriety" means any departure from either the requirements established by
the Commissioner of Education for the administration of the assessment or from
the procedures specified in the applicable test administration materials, and
may include, without limitation, the following acts or omissions:
3.01.1 Viewing secure assessment
materials;
3.01.2 Duplicating
secure assessment materials;
3.01.3
Disclosing the contents of any portion of secure assessment
materials;
3.01.4 Providing,
suggesting, or indicating to an examinee a response or answer to any secure
assessment items;
3.01.5 Aiding or
assisting an examinee with a response or answer to any secure assessment
item;
3.01.6 Changing or altering
any response or answer of an examinee to a secure assessment item;
3.01.7 Failing to follow the specified
testing procedures or to proctor students;
3.01.8 Failing to administer the assessment
on the designated testing dates;
3.01.9 Encouraging or assisting an individual
to engage in conduct described in Section 3.01 or in Ark. Code Ann. §
6-15-438;
3.01.10 Failing to report to the appropriate
authority that an individual has engaged in conduct set forth in Section 3.01
or in Ark. Code Ann. §
6-15-438;
3.01.11 Failing to follow the specified
procedures and required criteria for alternate assessments; or
3.01.12 Failing to return the secured test
booklets to the testing company in a timely manner.
4.00 GENERAL REQUIREMENTS
4.01 Violation of the
security or confidential integrity of any test or assessment is
prohibited.
4.02 Procedures for
maintaining the security and confidential integrity of all testing and
assessment instruments and procedures shall be specified in the appropriate
test or assessment administration instructions.
4.03 The State Board of Education shall
sanction a person who engages in conduct prohibited by these rules or by Ark.
Code Ann. §
6-15-438.
4.04 Additionally, the State Board of
Education may sanction a school district or school, or both, in which conduct
prohibited by these rules or by Ark. Code Ann. §
6-15-438
occurs.
4.05 Sanctions imposed by
the State Board of Education may include, without limitation, one (1) or more
of the following:
4.05.1 Revocation,
suspension, or probation of an individual's license;
4.05.2 Issuance of a letter of reprimand to a
licensed individual to be placed in his or her state professional licensure
file;
4.05.3 Additional training or
professional development to be completed by a licensed individual within the
time specified;
4.05.4 Additional
professional development to be administered by the school district or
open-enrollment public charter school to all licensed school district personnel
involved in test administration within the time specified;
4.05.5 Issuance of a letter of warning to the
school district or open-enrollment public charter school; and
4.05.6 Establishment of a school district or
open-enrollment public charter school plan containing strict test security
guidelines that will implement procedures to ensure the security and
confidential integrity of all assessment instruments.
4.06 Professional development required
pursuant to these rules as a result of violating test security or
confidentiality may be in addition to professional development required for
licensure.
5.00 REPORTING OF ALLEGED TESTING IMPROPRIETIES
5.01 Any organization or individual, to
include employees of a traditional public school, conversion public charter
school, open-enrollment public charter school and/or public school district,
may file a written, signed report of alleged testing improprieties with the
Department of Education.
5.01.1 Traditional
public schools, conversion public charter schools, open-enrollment public
charter schools and/or public school districts may file such a report by
completing Form A (Attached).
5.01.2 Any other organizations or individuals
may file such a report by completing Form B (Attached).
5.01.3 All reports should be filed
immediately. All reports shall be filed not later than fourteen (14) days after
the reporting party became aware of the alleged testing impropriety.
5.02 Written reports must be
submitted to:
Office of Student Assessment
ATTN: Testing Impropriety
Arkansas Department of Education
Four Capitol Mall
Little Rock, Arkansas 72201
5.03 Written reports must include:
5.03.1 A statement that conduct violating the
security or confidential integrity of a test or assessment has
occurred;
5.03.2 Specific facts
upon which the statement is based, including without limitation:
5.03.2.1 When the alleged violation
occurred;
5.03.2.2 Where the
alleged violation occurred;
5.03.2.3 How the alleged violation occurred,
including specific statements of fact describing the acts or omissions alleged
to constitute a violation;
5.03.2.4
Names of individuals who allegedly committed the violation, if known;
5.03.2.5 Names of individuals who possess
information concerning the alleged violation; and
5.03.3 The signature of the individual filing
the complaint. The Office of Student Assessment shall not process anonymous
reports.
5.04 While
testing is ongoing, nothing in these rules prohibits a traditional public
school, conversion public charter school, open-enrollment public charter school
or public school district from contacting the Office Student Assessment via
telephone in an effort to immediately correct an alleged testing impropriety in
a manner that would safeguard the validity and security of the ongoing test.
The Office Student Assessment is hereby authorized to assist traditional public
schools, conversion public charter schools, open-enrollment public charter
schools or public school districts in this manner.
6.00 PROCESSING A REPORT OF ALLEGED TESTING IMPROPRIETIES
6.01 The Office
of Student Assessment of the Department of Education shall receive and review
reports of alleged testing improprieties filed pursuant to these
rules.
6.02 The Director of the
Office of Student Assessment, or his or her designee, shall conduct an initial
review of each report and determine whether the report should be processed
according to these rules or forwarded to the Professional Licensure Standards
Board for disposition. Accordingly, the Director of the Office of Student
Assessment, or his or her designee, may:
6.02.1 Forward reports involving alleged
testing improprieties committed by a licensed administrator or teacher that
involve a potential violation of the Code of Ethics for Arkansas Educators to
the Professional Licensure Standards Board for processing under the procedures
of the Professional Licensure Standards Board by completing the Professional
Licensure Standards Board complaint form and attaching the report
thereto;
6.02.2 For alleged testing
improprieties that do not involve potential violations of the Code of Ethics
for Arkansas Educators pursuant to Section 6.02.1 of these rules, the Office of
Student Assessment may recommend to the State Board of Education the imposition
of the sanctions set forth in Sections
4.05.1 through
4.05.6 of these rules;
or
6.02.3 Informally and
administratively dispose of an alleged testing impropriety if the impropriety
can be fully corrected during the testing process without adversely impacting
the validity and security of the ongoing test.
6.03 Alleged testing irregularities
concerning licensed administrators and teachers referred to the Professional
Licensure Standards Board by the Office of Student Assessment will be processed
by the Professional Licensure Standards Board in accordance with the procedures
adopted by the Professional Licensure Standards Board and the State Board of
Education.
6.04 All other alleged
testing irregularities shall be processed in the following manner:
6.04.1 Within twenty-one (21) days of
receiving a report of an alleged testing impropriety, the Office of Student
Assessment shall forward the report to the superintendent of the public school
district or open-enrollment public charter school and to any licensed
administrator or teacher who is alleged to have committed a violation pursuant
to these rules ("accused licensee").
6.04.2 Within forty-five (45) days of
receiving a report of an alleged testing impropriety from the Office of Student
Assessment, the superintendent of the public school district or open-enrollment
public charter school, or accused licensee, shall respond, in writing, to the
Office of Student Assessment, indicating the following:
6.04.2.1 Whether the school district or
open-enrollment public charter school investigated the report. If the school
district or open-enrollment public charter school investigated the report, a
copy of the report of investigation shall be attached to the
response;
6.04.2.2 Whether the
report is founded or unfounded in whole or in part; and
6.04.2.3 If founded in whole or in part, the
actions taken by the public school district or open-enrollment public charter
school in response to the report.
6.04.3 If the Office of Student Assessment
requires additional information from the public school district,
open-enrollment public charter school, or accused licensee, the Office of
Student Assessment may request, in writing, such additional information from
the public school district, open-enrollment public charter school, or accused
licensee. The request for additional information must specifically list the
additional information requested and must be provided to the superintendent of
the public school district or open-enrollment public charter school, or accused
licensee.
6.04.4 The public school
district, open-enrollment public charter school, or accused licensee, shall
respond to the request for additional information within thirty (30) days of
receiving the request from the Office of Student Assessment or indicate its
refusal to respond.
6.04.5 Within
sixty (60) days of receiving all required information from the public school
district, open-enrollment public charter school, or accused licensee, the
Office of Student Assessment shall notify, in writing, the superintendent of
the public school district, open-enrollment public charter school, or accused
licensee, of its recommended disposition. The recommended disposition from the
Office of Student Assessment may state the following:
6.04.5.1 The complaint is unfounded and the
case should be closed;
6.04.5.2 The
complaint is founded but no further corrective action is necessary;
or
6.04.5.3 The complaint is
founded and the Office of Student Assessment recommends one or more of the
following to the State Board of Education:
6.04.5.3.1 That the State Board of Education
should revoke, suspend or place on probation an individual's license;
6.04.5.3.2 That the State Board of Education
should issue a letter of reprimand to a licensed individual to be placed in his
or her state professional licensure file;
6.04.5.3.3 That the State Board of Education
require a licensed individual to complete additional training or professional
development within the time specified;
6.04.5.3.4 That the State Board of Education
require the public school district or open-enrollment public charter school to
administer additional professional development to all licensed personnel
involved in test administration within the time specified;
6.04.5.3.5 That the State Board of Education
issue a letter of warning to the public school district or open-enrollment
public charter school;
6.04.5.3.6
That the State Board of Education require a public school district or
open-enrollment public charter school to establish a plan that contains strict
test security guidelines that will implement procedures to ensure the security
and confidential integrity of all assessment instruments; or
6.04.5.3.7 A combination of the
above.
6.04.6
Within thirty (30) days of receiving the recommended disposition of the Office
of Student Assessment, the superintendent of the public school district or
open-enrollment public charter school, or accused licensee, shall notify, in
writing, the Office of Student Assessment whether the public school district,
open-enrollment public charter school, or accused licensee agrees with the
recommended disposition or wishes to appeal the recommended disposition to the
State Board of Education.
6.04.6.1 Failure of
a public school district, open-enrollment public charter school, or accused
licensee to respond to the Office of Student Assessment's recommended
disposition within thirty (30) days shall constitute a waiver of the right to
appeal such recommended disposition.
6.04.6.2 Requests for appeal of the
recommended disposition to the State Board of Education shall include a brief
statement of the reasons why the recommended disposition should not be
adopted.
6.04.7 If a
public school district, open-enrollment public charter school, or accused
licensee does not appeal the recommended disposition of the Office of Student
Assessment, or does not file such an appeal within thirty (30) days, the
recommendation of the Office of Student Assessment shall become
final.
6.04.8 If a public school
district, open-enrollment public charter school, or accused licensee appeals
the recommended disposition of the Office of Student Assessment, the State
Board of Education shall hear the appeal within sixty (60) days of receipt of
the notice of appeal. Through mutual agreement, the public school district,
open-enrollment public charter school, or accused licensee and the Office of
Student Assessment may extend the date of the hearing for an additional thirty
(30) days.
6.04.9 Upon written
request by an accused licensee, the public school district or open-enrollment
public charter school may respond to all inquiries and allegations on behalf of
the accused licensee and may represent the accused licensee at all hearings
before the State Board of Education.
7.00 STATE BOARD HEARING PROCEDURES
7.01 The following
procedures shall apply to State Board of Education hearings:
7.01.1 Each party will have the opportunity
to present an opening statement of no longer than five (5) minutes, beginning
with the representative of the Department of Education. The Chairperson of the
State Board of Education may, only for good cause shown and upon the request of
either party, allow either party additional time to present their opening
statements.
7.01.2 Each party will
be given thirty (30) minutes to present their cases, beginning with the
representative of the Department of Education. The Chairperson of the State
Board of Education may, only for good cause shown and upon the request of
either party, allow either party additional time to present their
cases.
7.01.3 Every witness giving
oral testimony must be sworn under oath by the court reporter and shall be
subject to direct examination, cross examination, and questioning by the State
Board of Education.
7.01.4 For the
purposes of the record, documents offered during the hearing by the Department
of Education shall be clearly marked in sequential, numeric order (1, 2,
3).
7.01.5 For the purposes of the
record, documents offered during the hearing by the appealing public school
district, open-enrollment public charter school or accused licensee shall be
clearly marked in sequential, alphabetic letters (A, B, C).
7.01.6 The Department of Education shall have
the burden of proving, by a preponderance of the evidence, that the alleged
violation(s) occurred and that the recommended disposition from the Office of
Student Assessment be adopted.
7.02 The State Board of Education may:
7.02.7.1 Adopt the recommended disposition of
the Office of Student Assessment;
7.02.7.2 Modify the recommended disposition
of the Office of Student Assessment in accordance with Sections 4.05.1 through
4.05.6 of these rules; or
7.02.7.3
Grant the appeal of the public school district, open-enrollment public charter
school or accused licensee.
7.03 The State Board of Education may
announce its decision immediately after hearing all arguments and evidence or
may take the matter under advisement. The State Board of Education shall
provide a written decision to the Department of Education and each appealing
party within fourteen (14) days of the hearing.
FORM A
FORM B
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